Judgment_paragraph 93 · Profi Credit Polska S.A. and Others v QJ and Others (C-84/19, C-222/19, C-252/19)

93As regards the question concerning the circumstances in which such an imbalance arises ‘contrary to the requirement of good faith’, having regard to the 16th recital of Directive 93/13, the Court has indicated, in its case-law, that it is for the national courts to assesses whether the seller or supplier, dealing fairly and equitably with the consumer, could reasonably assume that the consumer would have agreed to such a term in contract negotiations (judgment of 7 November 2019, Profi Credit Polska, C‑419/18 and C‑483/18, EU:C:2019:930, paragraph 55 and the case-law cited).